VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00913
Package ID: USCOURTS-cofc-1_17-vv-00913
Petitioner: Marie Schmidt
Filed: 2018-04-02
Decided: 2019-05-29
Vaccine: influenza
Vaccination date: 2015-10-06
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 137610

AI-assisted case summary:
Marie Schmidt filed a petition on April 2, 2018, alleging that she developed Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on October 6, 2015. Initially, the claim mentioned a pneumococcal vaccine, but it was amended to attribute the GBS to the flu vaccine. Respondent acknowledged that the claim was compensable as a Table injury and conceded that Petitioner suffered from GBS caused by the flu vaccine, with onset within the appropriate timeframe. Based on this concession, entitlement was granted on April 2, 2018. Following negotiations, Respondent submitted a proffer proposing an award of $137,610.48, which included $135,000.00 for pain and suffering and $2,610.48 for past out-of-pocket expenses. The Special Master reviewed the proffer and found it reasonable, adopting it as the decision awarding damages on May 29, 2019. The decision noted that Petitioner is a competent adult and did not require evidence of guardianship.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00913-0
Date issued/filed: 2018-06-07
Pages: 2
Docket text: PUBLIC RULING (Originally filed: 4/02/2018) Regarding 18 Ruling on Entitlement (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:17-vv-00913-UNJ Document 21 Filed 06/07/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-913V
(Not to be Published)
* * * * * * * * * * * * * * * * * * * * * * * * *
MARIE SCHMIDT, *
*
Petitioner, * Filed: April 2, 2018
*
v. *
* Entitlement; Influenza Vaccine;
SECRETARY OF HEALTH * Guillain-Barre Syndrome (“GBS”);
AND HUMAN SERVICES, * Conceded.
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Joseph Paul Shannon, Shannon Law Group, Woodbridge, IL, for Petitioner.
Camille Collett, U.S. Dep’t of Justice, Washington, DC, for Respondent.
RULING FINDING ENTITLEMENT1
On July 6, 2017, Marie Schmidt filed a petition seeking compensation under the National
Vaccine Injury Compensation Program.2 ECF No. 1. Petitioner alleged that she suffered from
Guillain-Barré syndrome (“GBS”) as a result of receiving the influenza (“flu”) vaccination on
October 6, 2015. Id.
In his Rule 4(c) Report, Respondent acknowledged that the Petitioner’s claim is
compensable as a Table injury under the Act. See Respondent’s Rule 4(c) Report, dated Mar. 30,
2018 (ECF No. 17). Respondent specifically stated that medical personnel at the Division of Injury
Compensation Programs, Department of Health and Human Services, have reviewed the petition
1 Although this Ruling has been formally designated “not to be published,” it will nevertheless be posted on the Court
of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means
the Ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B),
however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically,
under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information
furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the Ruling in its present form will be available. Id.
2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act
of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2012)).

Case 1:17-vv-00913-UNJ Document 21 Filed 06/07/18 Page 2 of 2
and accompanying documents filed in this case, as well as the relevant medical records, and
Respondent has concluded that Petitioner satisfied the criteria set forth in the Table. Id. at 5.
Respondent concedes that the evidence shows that Petitioner suffered from GBS as a result of the
flu vaccine, and that onset occurred within the appropriate timeframe. Id. Respondent therefore
concludes that Petitioner is entitled to an award of damages. Id.
In view of Respondent’s concession, and based on my own review of the record (see §
300aa-13(a)(1); 42 C.F.R. § 100.3 (a)(I)), I find that Petitioner is entitled to compensation for an
injury that was caused-in-fact by a covered vaccine. 42 C.F.R. §§ 100.3(a)(XIV), 100.3(b)(2). A
separate damages order will be issued shortly.
Any questions may be directed to my law clerk, Scharli Branch, at (202) 357-6391.
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00913-1
Date issued/filed: 2019-05-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 4/30/2019) regarding 30 DECISION Stipulation/Proffer Signed by Special Master Brian H. Corcoran. (mml) Service on parties made.
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Case 1:17-vv-00913-UNJ Document 34 Filed 05/29/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-913V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
* Special Master Corcoran
MARIE SCHMIDT, *
*
Petitioner, * Filed: April 30, 2019
*
v. *
* Decision by Proffer; Damages;
SECRETARY OF HEALTH * Conceded; Guillain-Barré Syndrome;
AND HUMAN SERVICES, * Influenza Vaccine.
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Joseph P. Shannon, Shannon Law Group, PC, Woodbridge, IL, for Petitioner.
Camille M. Collett, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 6, 2017, Marie Schmidt filed a petition seeking compensation under the National
Vaccine Injury Compensation Program.2 ECF No. 1. Petitioner first alleged that she developed
Guillain-Barré syndrome (“GBS”) as a result of the pneumococcal vaccine she received on
October 6, 2015. Id. at 1. Subsequently, she amended her claim to state that her GBS was caused-
in-fact by the influenza (“flu”) vaccine she also received on October 6, 2015. ECF No. 14 at 1.
1 Although not formally designated for publication, this Decision will be posted on the United States Court of Federal
Claims website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision
will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however,
the parties may object to the published Decision’s inclusion of certain kinds of confidential information. Specifically,
under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information
furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public
in its current form. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).
Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:17-vv-00913-UNJ Document 34 Filed 05/29/19 Page 2 of 4
On March 30, 2018, Respondent filed his Rule 4(c) Report, in which he acknowledged
that, based on her claim of GBS following the flu vaccine, Petitioner has satisfied the requirements
for a Vaccine Injury Table claim and is entitled to compensation. ECF No. 17 at 5. I subsequently
issued a ruling finding entitlement (ECF No. 18, dated April 2, 2018) and an Order directing the
parties to confer regarding an appropriate damages award (ECF No. 19, dated April 2, 2018).
After more than a year of damages negotiations, Respondent filed a proffer proposing an
award of compensation. ECF No. 29. I have reviewed the file, and based upon that review, I
conclude that Respondent’s Proffer (as attached hereto) is reasonable. I therefore adopt it as my
decision in awarding damages on the terms set forth therein.
The Proffer proposes:
• A lump sum payment of $137,610.48, representing compensation for pain and suffering
($135,000.00) and past out-of-pocket expenses ($2,610.48), in the form of a check
payable to Petitioner.
Proffer at 1. These amounts represent compensation for all elements of compensation under
Vaccine Act Section 15(a) to which Petitioner is entitled.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MARIE SCHMIDT, )
)
Petitioner, )
) No. 17-913V
v. ) Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 30, 2018, respondent filed her Rule 4(c) Report, in which she conceded
entitlement. On April 2, 2018, the Court issued a Ruling on Entitlement, finding that
petitioner is entitled to compensation for her Guillain-Barre Syndrome. Based on the
evidence in the record, respondent proffers that petitioner receive an award of a lump
sum of $137,610.48 (consisting of $135,000.00 in pain and suffering and $2,610.48 in
past out-of-pocket expenses) in the form of a check payable to petitioner. This amount
represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a)
to which petitioner is entitled.1 Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move
the Court for appropriate relief. In particular, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering.

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C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Camille M. Collett
CAMILLE M. COLLETT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4098
Dated: April 29, 2019